WHEREAS, Grantee has requested, and Grantor has agreed to grant this Temporary
Construction Easement and Use Easement Agreement on the terms and conditions below.
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the
parties agree as follows:
1, Grant of Easement. Grantor hereby grants to Grantee (a) temporary nonexclusive
rights, privileges, and easements for temporary construction in, over, across and upon the
Easement Area for the purpose of installing the roadway improvements according to the Plans (the
“Temporary Construction Easements”); and (b) permanent, nonexclusive rights, privileges, and
easements for the use in, over, across and upon the Easement Area for the purposes as shown on
the Plans (“Use Easement”). Grantor reserves the right to make any use of the Easement Area not
inconsistent with this grant.
2. Use. Grantee shall have full and free use of the Easement Area for the purposes
stated herein and shall have all rights and privileges reasonably necessary to the enjoyment and
exercise of such rights, including the right of reasonable access to and from the Easement Area.
3. Permits and Maintenance. Grantee shall obtain and maintain all permits and/or
licenses required for the use by it of the Easement Area.
4, Indemnification. To the extent permitted by law, the Grantee agrees to protect,
indemnify, defend, and save Grantor harmless from and against all claims, demands, loses,
liabilities, and causes of action of every kind and character in any way resulting from the acts or
omissions of the Grantee, the Grantee’s agent, employees, representatives, or contractors. If such
property damage, personal injury or loss results from the joint negligence or willful misconduct of
Grantor and Grantee, Grantee’s duty of indemnification shall be in proportion to its allocable share
of such joint negligence or willful misconduct.
5. No Warranty of Title. The Temporary Construction Easements and Use Easement
are made by Grantor and accepted by the Grantee without warranty of title by Grantor, either
express or implied.
6. No Trespass or Inverse Condemnation. The Temporary Construction Easements
and Use Easement granted hereunder shall not be deemed a trespass or inverse condemnation of
the Property and will not impair Grantor’s right to make claim against the Grantee for damages
sustained or arising out of the use of the Temporary Construction Easements or Use Easement, if
any, in accordance with the terms contained herein.
7. Assignment. This Agreement will not be assignable by the Grantee in whole or in
part without the written consent of Grantor. Provided however, it is agreed and acknowledged that
the Grantee and its agents, employees, contractors and other users will use the Temporary
Construction Easements and Use Easement for the purposes set forth herein and such use shall not
be deemed an assignment of Grantee’s rights hereunder.
